PhotoInPress Terms and Conditions
Last modified September 25, 2008
PhotoInPress provides members an easy, safe, and fun way to create, share and print Photo Books (collectively, the "Service"). Before you continue using the PhotoInPress website located at www.photoinpress.ca (the "Site") or use any of the PhotoInPress services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in other materials (for example, promotional materials and mailers), these Terms will always control. We recommend that you periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and PhotoInPress that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact us at firstname.lastname@example.org. Your use of the Site and the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
The Service is for personal use only; use of the Service for commercial use or broadcast to large audiences is expressly prohibited.
This Service is operated by PhotoInPress, a business register under the laws of the Province of Quebec whose principal business address is PhotoInPress, 1751 Richardson, suite 6412, Montréal, Québec Canada, H3K 1G6.
PhotoInPress is also referred to in these Terms as "we" and "us".
2. Purpose of the Service
PhotoInPress offers photography services that provide the ability for consumers to create Photo Books, and other products and services, and to view, store, edit, combine, share, and print photographs (the Service).
We are committed to protecting your privacy.
This policy applies to all information collected on the Site, the Service, via email, and by phone. You provide personal information to us when you order products, and request information from us. The personal information we collect includes:
* Email address
* Phone number
* Items purchased
* Your digital content and related titles, captions, and annotations
How we use information
Our primary goal in collecting your customer information is to provide you with a personalized, relevant, and positive experience with PhotoInPress. PhotoInPress will not sell, rent, or lease your personal information to others.
We use your email address to answer email we receive from you and to provide you updates about PhotoInPress services. We will not share your email address with outside parties.
From time to time, you may be invited to participate in optional customer surveys or contests. We use information collected from surveys to learn about our customers in order to improve our services and develop new products and services of interest to our customers.
We do not store your credit card information in our database. Credit card numbers are used for processing payments only and for no other purposes
All brand, product, and service names used in this Service which identify PhotoInPress or third parties and their products and services are proprietary marks of PhotoInPress and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of PhotoInPress or any third party with respect to any such image, logo or name.
PhotoInPress uses reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of PhotoInPress. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of PhotoInPress. You agree that PhotoInPress shall not be liable to you for any modification, suspension or discontinuance of the Service.
6. Member Creations
a. The PhotoInPress Service permits the submission photo slideshows or photo books or other communications submitted by you and other users ("Member Creations"), sharing and/or publishing of such Member Creations. You understand that whether or not such Member Creations are published, PhotoInPress does not guarantee any confidentiality with respect to any submissions.
b. You shall be solely responsible for your own Member Creations and the consequences of posting or publishing them. In connection with Member Creations, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize PhotoInPress to use them to provide you the Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and authorize PhotoInPress to use them to provide you the Service. For clarity, you shall retain all of your ownership rights in your Member Creations.
c. In connection with Member Creations, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PhotoInPress all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PhotoInPress or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) impersonate another person. PhotoInPress does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and PhotoInPress expressly disclaims any and all liability in connection with Member Creations.
d. PhotoInPress permits you to share your own Member Creations hosted, for personal, non-commercial purposes only. In addition, PhotoInPress provides a "Send Pages by email" option, in which you can share certain Member Creations. You understand that the Member Creations, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and PhotoInPress does not guarantee that their availability will be uninterrupted or bug free. PhotoInPress reserves the right to discontinue any aspect to the PhotoInPress Website and Service at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
7. Copyright Issues
PhotoInPress is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-use or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) without the written consent of PhotoInPress.
8. External Links
From time to time, PhotoInPress may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that PhotoInPress is not liable for any loss or damage that you may suffer by using other websites.
9. Amendment of the Terms
We reserve the right to amend these Terms from time to time.
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the province and federal laws of the province of Quebec, and hereby consent to jurisdiction and venue in the courts located in Montreal, Canada.
If you have any comments or questions about these Terms or our Service please contact us by email at email@example.com.
12. Age restriction
To purchase from or use the Service you must be 13 years old or over. You agree that the information that you provide to us will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
13. Formation of a Binding Contract
No contract will exist between you and PhotoInPress for the supply of any services or products unless and until PhotoInPress accepts your order by a confirmatory e-mail, telephone conversation, or other appropriate means of communication.
14. Pricing and Delivery
All prices are stated in Canadian dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, PhotoInPress will contact you to let you know the correct price and ask you whether you still wish PhotoInPress to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
15. Right to Return
You may return any defective item to PhotoInPress within 30 days of receipt. Please read carefully PhotoInPress's Return Policy, which forms part of these Terms.
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
You further agree that you shall not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
b. provide any information to PhotoInPress that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
c. use email from PhotoInPress to create spam emails to be sent from us.
17. Monitoring of Content
PhotoInPress does not control the content created using the Service and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
18. Suspension and Termination of Access and Membership
You agree that PhotoInPress may at any time without notice:
a. move or suspend any part of the Service; or
b. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in PhotoInPress's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
19. Disclaimer of Warranty and Limitation of Liability
PhotoInPress agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, PHOTOINPRESS'S SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOINPRESS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO PHOTOINPRESS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR CONTENT, PHOTOINPRESS SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED MEDIA AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY PHOTOINPRESS, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, PHOTOINPRESS'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF PHOTOINPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
22. Return Policy
You may return any defective item to PhotoInPress within 30 days of receipt for a credit or refund. In some cases, and at our sole discretion, we will refund or credit your original shipping cost. Please follow the instructions below.
Instructions for returning orders:
If your order arrived damaged or if there is some defects, please email us first at firstname.lastname@example.org. We'll let you know whether you need to return the item to us. If you do need to make a return, simply send your order within 30 days of receipt—in the original packaging, if possible—to the following address:
Attention: Customer Returns
1751 Richardson suite 6412
Montreal, Quebec H3K 1G6 Canada
We will refund or credit your account when we receive your return.